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pkallis
Community Member

Should I end contract for completed work before receiving project source files?

A freelancer I’m working with insists I end the contract for work he completed and that I submit payment before he shares an important source file for the project. How should I proceed?
16 REPLIES 16
pudingstudio
Community Member


Panagiotis K wrote:
A freelancer I’m working with insists I end the contract for work he completed and that I submit payment before he shares an important source file for the project. How should I proceed?

Don't do it.

No reason to keep files as hostages.
Let them know that as soon as they send you the files you're paying for, you'd approve the milestone and they will be payed.

prestonhunter
Community Member

That is an interesting question.


First of all, you should understand that this freelancer is violating Upwork protocol. What he is saying to you DOES NOT reflect how this is supposed to work.

 

There are only three possibilities:

1. The freelancer is a scammer. He wants to get money from you before he turns over files because he knows the files are not right.

 

2. The freelancer has done good work and has the right rules, but he does not understand proper Upwork procedure.

 

3. The freelancer completely understands Upwork procedures, but he wants to do things his own way.

 

That leaves open the question about what YOU should do.

 

Here is one possibility. Tell him you think there may have been a bit of a misunderstanding between the two of you, so you went to the Forum to ask about this. Tell him that an Upwork freelancer said that he must fit into one of three categories. Copy what I wrote above, and ask him to identify which of these categories he fails into, so that you will know how to proceed with paying him.

I want to share something else with you. It may not be directly related to your question, but it provides context.

 

Like the freelancer you hired, I too work on Upwork as a programmer, creating website and software systems for clients.

 

I do both hourly and fixed-price contract work. Here is what I do every time I am hired:

 

I create a private server account where I do all of my development work. I immediately provide the full root access credentials to the client. These are the same credentials that I have. I do all of my work on the server. This means that the client has continuous access to all work, all source code files, all of the time. I encourage the client to check out the work and test things as often as he wants to.

 

When I use the submit button, I do not actually provide anything new to the client. The client has ALREADY had access to all of the work, all of the time. There is no way for me to hold any files "hostage."

 

Holding files hostage is NOT how Upwork intends fixed-price contracts to be done. This violates escrow rules.

 

I am not saying that every freelancer on Upwork needs to work the same way that I do. But the way I do it IS a viable option. It demonstrates trust in the clients. The way the original poster is doing things is NOT an allowable option.


Preston H wrote:

 

When I use the submit button, I do not actually provide anything new to the client. The client has ALREADY had access to all of the work, all of the time. There is no way for me to hold any files "hostage."

 

Holding files hostage is NOT how Upwork intends fixed-price contracts to be done. This violates escrow rules.

FWIW, the process you describe is ALSO not what Upwork intends. 

What is up with "designers" in this place refusing to give up source files? Mannn it's like coders only delivering executables. They're just trying to extort more money out of the client. 

 

This dude wants the source file. Give him the friggin source file my god.

He basically told me that I did not originally request a specific file type that is now in question. However, I did not know that he was going to use a different application for the design work. So when he sent me screenshots of the design in the application he used, I realized that he was using one which I’m not familiar with but it’s used by many other designers. So when I asked for that specific source file, he said he already sent me what I originally requested (in a different format). But he thinks that since I did not request the newer file type at the very beginning of the contract, he’s not required to share that with me. That’s on its own indicates that he’s not trustworthy. Will opening a dispute help resolve this matter?

re: "Will opening a dispute help resolve this matter?"

Maybe.

 

If the freelancer did the task that you asked him to do, then you are supposed to pay him.

 

If you did not specify a specific file type in your original agreement, he is under no obligation to provide that file type to you.

 

If he is providing you work created using a more common, more standard format, then it sounds like he is doing you a favor.

 

We are only getting one side of this story. You may wish to invite him to come to this thread and explain things from his point of view.

 

re: "...he thinks that since I did not request the newer file type at the very beginning of the contract, he’s not required to share that with me."

 

There may be some confusion here about the nature of a fixed-price contract.

 

A fixed-piece contract is made for a specific amount of money, payable when a freelancer completes a specific task. The funded escrow money needs to be released to the freelancer when he completes that task and provides the promised deliverable.

 

With a fixed-price contract, there can be no modification to the original task. There can be nothing added to it.

 

If a client wants anything new or changed, then the client may release any remaining escrow funds and negotiate a new contract or new milestone.

An analogy may help:

 

I hired an illustrator to provide me with an editable vector graphic of a cartoon dog wearing a firefighter uniform. I said that the dog needs to look frazzled.

 

The freelancer provided me with an appropriate file, but I noticed the dog was a cocker spaniel. I then told the freelancer I wanted the dog to be a poodle. The freelancer pointed out that I did not specify a specific breed of dog in my original agreement with him. He refused to redo the work.

 

Do I need to pay for this work, even though I can't use it?

This may illustrate how the freelancer in the original poster's situation feels.

The problem here is that he used an application that is the only useful one to properly capture all the design settings for further revisions to that project. The files he’s provided are highly restrictive in what can be edited if additional work is needed. As I said earlier, he used an application that was not specified in our contract (so the dog illustration analogy doesn’t apply in this case).

So by not being transparent, what he essentially did was secure the most relevant source file for himself and now holds me hostage to him for any future revisions. He didn’t make it known he was using a different application than what we discussed until the end. How is that fair to the client?

I don't doubt that you are disappointed by this turn of events.

 

It is entirely possible that what the freelancer did is NOT fair, and NOT right.

 

But that doesn't necessarily mean there is a way for you to get your money back.

 

Escrow has special rules. Upwork has specific rules. People at Upwork aren't allowed to determine what is moral or righteous. They have to abide by those rules.

 

 One option you have is to apologize to the freelancer for the misunderstanding, explain that you won't be able to use these files, and offer to pay him half of the money immediately if he will agree to release the remaining half.

 

Another option you have is to stop communicating with the freelancer completely and this contract completely right now by releasing any remaining escrow funds and closing the contract.

 

You could also ask the freelancer for a complete refund.

 

You could also close the contract and trigger a complete refund request, which the freelancer would need to agree to. If the freelancer doesn't agree, then the next step would be a dispute. The next step if that doesn't work would arbitration.

 

I discourage clients from getting into disputes and arbitration, because these processes primarily only benefit freelancers. But these ARE options.

 

If you can work out a compromise with the freelancer, that is better for everyone.


Panagiotis K wrote:
He basically told me that I did not originally request a specific file type that is now in question. However, I did not know that he was going to use a different application for the design work. So when he sent me screenshots of the design in the application he used, I realized that he was using one which I’m not familiar with but it’s used by many other designers. So when I asked for that specific source file, he said he already sent me what I originally requested (in a different format). But he thinks that since I did not request the newer file type at the very beginning of the contract, he’s not required to share that with me. That’s on its own indicates that he’s not trustworthy. Will opening a dispute help resolve this matter?

_________________________

If the freelancer has not delivered the work, you do not pay him, and if it were me, I would dispute and take it to arbitration if necessary.

 

ETA: Assuming you have only seen screen shots which would not be usable.  

re: "If the freelancer has not delivered the work, you do not pay him"

 

I completely agree.

 

But what if the freelancer DID do the task that was specified in the original agreement? And the freelancer DID deliver the files?

 

But then the client has an explanation for why he wants something different than that?

I think that is the situation we may be facing.

 

In order to fully understand the situation, we really need the freelancer to come here and explain his side.

 

Having ONLY heard what the client has said, it sounds like the client is justified in being disappointed, and it sounds like the client is violating Upwork TOS.

It seems the freelancer is not interested in joining the discussion (thanks for offering and for considering both sides of the argument). However, in our chats he has not been able to explain why he felt it was appropriate to use design applications that we had not discussed. It seems he did not have either the experience or desire to use the applications we discussed which is at the heart of the issue. However, I am hopeful he will produce the necessary source file and have given him some incentives to do so.
ladyelexia
Community Member

Did you specify exactly which program you wanted him to use at the start of the contract? From all of your replies, it seems as if you did not. You asked for a finished product, and never mentioned anything about revisions or whatnot. 

 

If you did ask for a specific program to be used, and he delivered a different one, then you have a basis for dispute. If you did not specify, but he delivered a file to you that you can actually use and follows the guidelines you provided, then he is due his money. 

 

As long as the files he provides are what you asked for at the start, and they actually work, he is not obligated to give you an advanced program that you don't already own. You can ask, but he does not have to agree. 

 

 

As I mentioned earlier, the files he exported are universal in format (similar to how .txt files are accepted by text editors). But because they lack the proprietary formatting features from the original applications he used, it limits the type of enhanced revisions that are possible. We only discussed the use of one application and he did not use it based on the file types he provided.

A suitable analogy would be using Microsoft Word for document design and then publishing to Acrobat PDF but then not sharing the Word file for future revisions which is what was mainly used for the design. To add a twist to this analogy, let’s say the project was actually supposed to be developed in Open Office which is free (similar to the application I asked him to use) then published to PDF. So the PDF export alone won’t be much help for future revisions either way due to the inherent limitations of editing a PDF.

Had the freelancer stuck to the intended design tool, the requested source file would not be an issue.
AveryO
Community Manager
Community Manager

Hi Panagiotis, 


I'm sorry to learn about your experience with this freelancer. I can see that you have reached out to our Customer Support Team, and they have given you advice on your options, regarding this account concern. If you need further help, please feel free to reach out through the same ticket thread and the team handling your case will assist you further.


~ Avery
Upwork
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